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Federal trial court rejects group libel lawsuit against makers of the movie ‘Out of the Furnace’

By Eugene Volkh | May 15, 2:14 p.m.

Christian Bale stars in Relativity Media’s “Out of the Furnace.” (Kerry Hayes. © 2012 Relativity Media, All rights reserved.)

“Group libel” lawsuits claiming that a race, ethnic group, religion, and the like was libeled by knowing or reckless falsehoods about them aren’t allowed under modern American libel law. But the matter is different when the group is small enough; in the words of the Restatement (Second) of Torts,

One who publishes defamatory matter concerning a group or class of persons is subject to liability to an individual member of it if, but only if,

(a) the group or class is so small that the matter can reasonably be understood to refer to the member, or

(b) the circumstances of publication reasonably give rise to the conclusion that there is particular reference to the member….

Comment a. As a general rule no action lies for the publication of defamatory words concerning a large group or class of persons. Unless the group itself is an unincorporated association, as to which see § 562, it cannot maintain the action; and no individual member of the group can recover for such broad and general defamation. The words are not reasonably understood to have any personal application to any individual unless there are circumstances that give them such an application. The extreme example is the statement of David that “All men are liars,” which in a sense defames all mankind and yet could not reasonably be taken to have any personal reference to each member of the human race. On the same basis, the statement that “All lawyers are shysters,” or that all of a great many persons engaged in a particular trade or business or those of a particular race or creed are dishonest cannot ordinarily be taken to have personal reference to any of the class.

Illustrations:

1. A newspaper publishes the statement that the “Stivers clan” have been engaged for years in a feud in the course of which many murders have been committed. There are in the community a great many interrelated families named Stivers. Neither the entire group nor any member of it can recover for defamation.

2. A newspaper publishes the statement that the officials of a labor organization are engaged in subversive activities. There are 162 officials. Neither the entire group nor any one of them can recover for defamation.

b. When the group or class defamed is sufficiently small, the words may reasonably be understood to have personal reference and application to any member of it, so that he is defamed as an individual. In this case he can recover for defamation. Thus the statement that “That jury was bribed” may reasonably be understood to mean that each of the twelve jurymen has accepted a bribe. It is not possible to set definite limits as to the size of the group or class, but the cases in which recovery has been allowed usually have involved numbers of 25 or fewer.

Illustration:

3. A newspaper publishes a statement that the officers of a corporation have embezzled its funds. There are only four officers. Each of them can be found to be defamed.

The core issue is thus whether a statement about a group is seen as a statement “of and concerning” the particular plaintiff — the general view is that statements about large groups aren’t so seen (because listeners recognize that generalizations about a group often don’t apply to individual members), but statements about small groups might be so seen.

This is the very issue that came up in Wednesday’s federal trial court decision inDegroat v. Cooper (D.N.J. May 14, 2014). Eriq Gardner (Hollywood Reporter) has the background:

A New Jersey federal judge has dismissed a defamation lawsuit over Out of the Furnace filed last December by 17 members of the Ramapough Lunaape Nation, a Native American tribe located mostly in the mid-Atlantic region of the U.S.

The film starred Christian Bale tracking his younger brother, played by Casey Affleck, who has been lured into a ruthless crime ring led by the evil character of Harlan De Groat, played by Woody Harrelson. The group is identified as the Jackson Whites and described as a community of “inbreds.” …

Note that the movie didn’t just refer to the group, but to at least one common surname (De Groat) within the group. Still, the court held, this wasn’t enough to make the statements “of and concerning” the plaintiffs:

Plaintiffs plead only that some of them share the same surname, but not first name, as two of the characters in the movie. They also contend that they are Ramapoughs, as are the characters in the movie, and that many of them live in the same region as the Ramapoughs. These allegations do not suffice to show that the alleged defamatory statements are “of and concerning” these Plaintiffs. In fact, Plaintiffs concede in their brief that the statements they complain of do not refer to them: “It is acknowledged that these Plaintiffs are not, specifically, characters in the movie ….”

There is of course, another issue here: The film wasn’t a documentary, and reasonable viewers would perceive it as a work of fiction. And while sometimes a work that is obviously “roman à clef” — i.e., is perceived by the public as making claims about real events, though under a fictionalized veneer or with some fictional components — might be seen as libelous, that would be a pretty high bar to pass, given viewers’ understanding that movies that aren’t sold as documentaries are generally about storytelling, not about factual accuracy (even when they are to some extent based on real surroundings). Still, the court managed to largely avoid this issue by simply concluding that the movie couldn’t be seen as making factual claims of and concerning any particular individual, whether or not it would be seen as making factual claims about the large group.

Man says ‘desecrated’ flag was political statement

May 15 2014

By: Maria Miller WJACTV.com

ALLEGHENY TOWNSHIP, Pa. — A Duncansville man says he was standing up for his American Indian heritage and expressing his beliefs when he hung an American flag upside down and spray painted it earlier this week, but police said what he did was inexcusable.

The flag isn’t hanging on Joshuaa Brubaker’s home anymore, but Allegheny Township Police gave 6 News a picture that showed the flag hanging upside down, with the word AIM sprayed in white across it. Police took it down saying he desecrated it, but Brubaker told 6 News he meant no offense and was simply standing up for his heritage.

“If I don’t have a right to fly that flag upside down, which means a sign of distress, which this country is in so much distress right now, then what’s the point of having it?” Brubaker said.

Allegheny Township Assistant Police Chief L.J. Berg said he received complaints about the flag from others in the area.

“I was offended by it when I first saw it,” Berg said. “I had an individual stop here at the station, a female who was in the military, and she was very offended by it.”

So police took it down and charged Brubaker with desecration and insults to the American flag.

“I removed it from the building, folded it properly and seized it as evidence,” Berg said.

But Brubaker told 6 News what he did was never meant to upset or offend. He said both he and his wife are of American Indian heritage and are passionate about the American Indian Movement, specifically in the Midwest.

“I found that Wounded Knee is up for sale, not only privately but commercially,” Brubaker said. “It’s just not right and simply because I express myself in a way that somebody else doesn’t like or agree with doesn’t mean I should be persecuted for having beliefs.”

With many of his own family serving in the military at one point in their life, Brubaker said the flag should give him the right to express his beliefs.

“If we can’t express ourselves freely and not worry about any repercussion from that, what’s the point of having the flag?” Brubaker said.

But police said there are other ways he could have expressed himself, than defacing a symbol that so many have fought so hard to protect. “People have paid high prices for that. People have paid the ultimate sacrifice,” Berg said.

“People have made too many sacrifices to protect the flag and to leave this happen in my community, I’m not happy with that.”

Brubaker said he wishes the people who took offense would have just come to him so he could explain. He’s only facing misdemeanor charges but still hopes police will reconsider them.

More forestry funding needed on Indian lands, tribal leader says

By Kate Prengama, Yakima Herald-Republic

Phil Rigdon, the director of Yakama Natural Resources Program and president of the Intertribal Timber Council

Federal funding cuts pose dire consequence for the ability of tribes to manage their land and reduce wildfire risks, a Yakama Nation leader told a U.S. Senate hearing Wednesday in Washington, D.C.

Phil Rigdon, the director of the Yakamas’ natural resources program and president of the Intertribal Timber Council, told the Senate Committee on Indian Affairs that programs that once kept tribal forests healthy are now “running on fumes.”

“The consequences of chronic underfunding and understaffing are materializing,” Rigdon told the committee. “The situation is now reaching crisis proportions and it’s placing our forests in great peril.”

There are more than 18 million acres of tribal forest lands held in trust by the federal government, but the Bureau of Indian Affairs gets far less funding per acre for forest management and fire risk reduction than national forests.

Funding has fallen 24 percent since 2001, Rigdon said, and that can have dire consequences.

For example, last year when the Mile Marker 28 Fire broke out off U.S. Highway 97 on the Yakama reservation, only one heavy equipment operator and one tanker truck were able to respond immediately because that’s all the current federal budget supports, Rigdon said in an interview before the hearing.

“Back in the early 1990s, when I fought fire, we would have three or four heavy equipment operators,” he said. “Someone was always on duty. That’s the kind of thing that’s really changed.”

The Mile Marker 28 Fire eventually burned 20,000 acres of forest.

Rigdon noted that the dozens of tribes around the country that are represented by the Timber Council are proud of the work they do when resources are available.

“If you go to the Yakama reservation and see our forests, we’ve reduced disease and the risk of catastrophic fire. If we don’t continue to do that type of work — if we put it off to later — we’ll see the types of 100,000- or 200,000-acre fires you see other places,” Rigdon said.

Currently, there are 33 unfilled forestry positions at the BIA for the Yakama Nation, he added. That limits the program’s ability to hit harvest targets, which hurts the tribe economically and affects the health of the forest.

A 2013 report from the Indian Forest Management Assessment Team found that an additional $100 million in annual funding and 800 new employees are needed to maintain strong forestry programs on BIA land nationwide. The current budget is $154 million.

In addition to the concern over future funding, other members of the panel also discussed the different approaches to forest management by tribes and the Forest Service.

“We’ve done a good job maintaining a healthy forest on a shoestring budget, but the Forest Service is not maintaining its adjacent lands,” said Danny Breuninger Sr., the president of the Mescalero Apache Nation in New Mexico.

Committee member Sen. John McCain, R-Ariz., cited a 2011 Arizona fire as an example of how tribal efforts can succeed. In the wake of a 2002 fire, the White Mountain Apache conducted salvage logging and thinning work while the adjacent national forest did not. When fire hit the region again, federal forests were devastated, but the treated tribal forests stopped the fire’s spread.

Jonathan Brooks, forest manager for the White Mountain Apache, told McCain that lawsuits prevent the Forest Service from doing similar work.

“Active management gets environmental activists angry,” Brooks said. “But what’s more hurtful to the resources: logging, thinning and prescribed fire, or devastating fires?”

Rigdon said the Intertribal Timber Council would like to see increased abilities for tribes to work with neighboring national forests on management projects like thinning, which could support tribe-owned sawmills and reduce fire risks.

The Yakama Nation is working with the Forest Service on developing such a collaborative project, as part of a new program known as “anchor forests.” It’s a pilot program currently being used on a few reservations, and the panelists at the hearing supported expanding it to more regions.

Anchor forests are intended to balance the economic and ecological needs of a forest through a collaborative effort involving tribes, the BIA and local, state and federal agencies.

Flathead Reservation in next phase of $1.9B land buy-back program

By Matt Volz, Associated Press

Elouise Cobell, right, looks on as Deputy Secretary of the Interior David Hayes testifies in December 2009 during a Senate Indian Affairs Committee hearing in Washington, D.C. EVAN VUCCI/Associated Press — Elouise Cobell, right, looks on as Deputy Secretary of the Interior David Hayes testifies in December 2009 during a Senate Indian Affairs Committee hearing in Washington, D.C.
EVAN VUCCI/Associated Press

HELENA – The Flathead Reservation is among 21 Indian reservations that will be the focus of the next phase of a $1.9 billion program to buy fractionated land parcels owned by multiple individuals and turn them over to tribal governments, Interior Department officials said Thursday.

Besides the Confederated Salish and Kootenai Tribes, other Montana participants are the Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation; Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation; Crow Tribe; and the Fort Belknap Indian Community of the Fort Belknap Reservation of Montana.

Government officials will work with tribal leaders to plan, map, conduct mineral evaluations, make appraisals and acquire land on the reservations from Washington state to Oklahoma in this phase, which is expected to last through 2015.

Other reservations could be added to the list, but the 21 named Thursday meet the criteria, particularly tribal readiness, said Assistant Secretary for Indian Affairs Kevin Washburn.

“We knew it wouldn’t be successful unless tribal leaders were interested in the program,” Washburn said.

The land buyback program is part of a $3.4 billion settlement of a class-action lawsuit filed by Elouise Cobell of Browning, who died in 2011. The lawsuit claimed Interior Department officials mismanaged trust money held by the government for hundreds of thousands of Indian landowners.

The 1887 Dawes Act split tribal lands into individual allotments that were inherited by multiple heirs with each passing generation, resulting in some parcels across the nation being owned by dozens, hundreds or even thousands of individual Indians.

Often, that land sits without being developed or leased because approval is required from all the owners.

The land buyback program aims to consolidate as many parcels as possible by spending $1.9 billion by a 2022 deadline to purchase land from willing owners, then turn over that purchased land to the tribes to do as they see fit.

So far, the program has spent $61.2 million and restored 175,000 acres, said Interior Deputy Secretary Mike Connor. To buy even that much land, officials had to locate and contact owners in all 50 states and several countries to find out if they were willing to sell, Connor said.

The work primarily has been focused on South Dakota’s Pine Ridge Reservation until now.

Last month, tribal leaders from four reservations criticized the buyback program’s slow pace and complained they were being shut out of decisions over what land to buy. The leaders from tribes in Montana, Oklahoma, Oregon and Washington state spoke before a U.S. House panel.

Rep. Steve Daines, R-Montana, who called for the congressional hearing, said he welcomed Thursday’s announcement by the Interior Department.

“However, I am concerned their efforts here may not provide tribes with the necessary tools to ensure the Land Buy-Back program is properly implemented,” Daines said in a statement.

He said the Interior Department should use its authority to give tribes more flexibility, and it should move swiftly to address consolidation problems on other reservations not included in the announcement.

Washburn said Thursday that his agency has entered into or is negotiating cooperative agreements with many tribes in the buyback program, though others say they want the federal government to run the program.

21 reservations next up in consolidation program

These are the American Indian reservations the Department of Interior plans to focus on in the next phase of a $1.9 billion buyback program of fractionated land parcels to turn over to tribal governments. The program is part of a $3.4 billion settlement over mismanaged money held in trust by the U.S. government for individual Indian landowners.

– Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Montana.

– Cheyenne River Sioux Tribe of the Cheyenne River Reservation, Wyoming.

– Coeur D’Alene Tribe of the Coeur D’Alene Reservation, Idaho.

– Confederated Salish and Kootenai Tribes of the Flathead Reservation, Montana.

– Confederated Tribes of the Umatilla Reservation, Oregon.

– Crow Tribe, Montana.

– Fort Belknap Indian Community of the Fort Belknap Reservation of Montana.

– Gila River Indian Community of the Gila River Indian Reservation, Arizona.

– Lummi Tribe of the Lummi Reservation, Washington.

– Makah Indian Tribe of the Makah Indian Reservation, Washington.

– Navajo Nation, Arizona.

– Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana.

– Oglala Sioux Tribe of the Pine Ridge Reservation, South Dakota.

– Prairie Band Potawatomi Nation, Kansas.

– Quapaw Tribe of Indians, Oklahoma.

– Quinault Tribe of the Quinault Reservation, Washington.

– Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota.

– Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, North Dakota and South Dakota.

– Squaxin Island Tribe of the Squaxin Island Reservation, Washington.

– Standing Rock Sioux Tribe of North Dakota and South Dakota.

– Swinomish Indians of the Swinomish Reservation, Washington.

Senate confirms first Native woman federal judge

by The Associated Press

PHOENIX (AP) – A former U.S. Attorney from Arizona will be the first Native American woman to serve on the federal bench.

Hopi citizen Diane Humetewa easily won confirmation on May 14 in the U.S. Senate in a 96-0 vote. The four senators who didn’t vote were Michael Bennet (D-Colo.), John Boozman (R-Ark.), Christopher Coons (D-Del.) and Jack Reed (D-R.I.)

She will fill one of six vacancies in the federal District Court of Arizona.

Humetewa currently serves as special counsel at Arizona State University, where she is also a professor.

She served as U.S. Attorney for Arizona between 2007 and 2009.

She also was an appellate court judge for the Hopi Tribe.

The National Congress of American Indians praised the confirmation, saying Humetewa has dedicated her time to serving the interests of Native peoples.

“The National Congress of American Indians congratulates Diane J. Humetewa of the Hopi Indian Tribe on her confirmation as federal judge in the U.S. District Court of Arizona. As the newest member of the federal bench, she is the first Native American woman ever appointed to serve in that position,” a NCAI press release states. “The Honorable Humetewa is impeccably qualified for her new role. She has practiced law in federal courts for over a decade – as Special Assistant U.S. Attorney, as Assistant U.S. Attorney, and as the U.S. Attorney for Arizona – and is experienced in a wide array of complex proceedings, hearings, and cases. Further, Judge Humetewa has dedicated time to serving the interests of Native peoples. She has been the Appellate Court judge for the Hopi Tribe, counsel to the U.S. Senate Committee on Indian Affairs, and special advisor to the President on American Indian Affairs at Arizona State University. NCAI greatly appreciates the efforts of the President and Senate in achieving this historic confirmation. There are many qualified, talented people like Diane Humetewa in Indian Country who are able and willing to serve. We eagerly anticipate many more nominations of Native people to the federal bench and other offices.”

The overburdened District Court of Arizona remains one of the busiest in the country, having declared a judicial emergency in 2011

Tale of Pioneering Native American Woman Inspires Writing of Tribal Histories

Tom Banse

Voice of America | May 13, 2014 1:39 PM

Author LLyn De Danaan at home in Mason County, Washington. (Mary Randlett.)

OYSTER BAY, WASHINGTON — The discovery of long-forgotten gravestones in a thicket of bramble and alder set one author on the trail of a singular Native American woman and oyster farmer who lived in 19th century Washington state.

The book that resulted is inspiring others to reveal the stories of people who’ve been out of the nation’s collective history.

Cultural crossroads

The waterfront cottage LLyn De Danaan calls home in Oyster Bay, Washington State, overlooks a cultural crossroads that is rich in history. She’s a cultural anthropologist whose eyes and ears are attuned to the signs and stories of place.

From the earliest times, Oyster Bay drew waves of settlers looking to reap shellfish.

De Danaan, who moved to the area in the early 1970s, heard so many tales about pioneer Katie Gale ‒ independent businesswoman who owned property and tidelands in her own name in the late 1800s ‒ that she started a file on her.

“That was all a little bit unusual from conventional wisdom, and things I had heard about both people in the oyster business and Native American women,” De Danaan said.

She was fascinated by Gale’s ability to straddle different worlds, standing up for herself and her mixed-race children.

“I suppose there just were too many things about that that intrigued me that I couldn’t let go of it,” De Danaan said. “I literally could not let go of it for years.”

"Katie Gale: A Coast Salish Woman's Life on Oyster Bay" by LLyn De Danaan. — “Katie Gale: A Coast Salish Woman’s Life on Oyster Bay” by LLyn De Danaan.

Katie Gale’s story

A turning point came when De Danaan and several friends from the historical society discovered an overgrown homestead graveyard not far from her house. One of the headstones belonged to Katie Gale.

“I was so amazed, excited, [and] enthralled that I began beating on Stan’s shoulders as he was kneeling in front of me holding this stone,” she said. “I literally said, ‘I know who this is,’ as if she were an acquaintance of mine. But it almost felt that way. I would say that was a moment of calling. I have to tell this woman’s story. I have to know her.”

But the long-dead Gale left no letters or journals. De Danaan found no photographs or living descendants. The best source material was a divorce case file.

It took almost a decade to accumulate corroborating details, context and enough educated guesses to write a biography. Katie Gale: A Coast Salish Woman’s Life on Oyster Bay was published last fall.

But the tale doesn’t stop there.

Reclaiming lost histories

“There are so many stories not told,” De Danaan said. “There are so many histories and people left out of our histories. That is what my work has to be now. I feel that it is my obligation to do that.”

The biographer is a guest speaker in a writing class at the Evergreen State College Longhouse in Olympia. She encourages students to bring forth stories before they are lost, perhaps starting with family history. It’s a message De Danaan returns to again and again in regular public talks and one-on-one mentoring.

“You are able to find out a lot,” she told the young people, “more than you think.”

All of the students this day are Native American. It takes awhile, but eventually sensitivities come out.

“I was really hesitant about taking the class,” said Melissa, a student who attended.

Her grandmothers warned against exposing too much of their Spokane tribal heritage to outsiders for fear they might twist or exploit it.

Makah tribal member Vince Cook heard that from his elders, too. “That is a tough one, because when I was younger we were told not to record, not to videotape.”

Cook says attitudes are changing now as people see tradition and culture slipping away. He feels spurred to write about his great grandmother and all the things she taught him.

“I think it is important to continue on, not only for myself, but for my family and for others to know about the Makah culture and to keep it alive,” he said.

Other Native Americans also recognize the urgency of gathering history before it’s lost.

Amateur folklorist Si Matta focuses on gathering the stories of his ancestors from the Cascade (Watala) Indian tribe that once lived and fished in the Columbia River Gorge.

He’s using modern means to collect the old stories, by soliciting and sharing material and photographs via a website and Facebook page.

Salmon-skin boots win Native designer a shot at national prize

By MIKE DUNHAM

mdunham@adn.comMay 13, 2014
Anchorage Dimond High School graduate Michelle Brown has become a finalist in a national search for stylin’ footwear with a design that makes ingenious use of salmon skin.

Brown, who will graduate from Parsons The New School for Design in New York City this month with a Bachelor of Fine Arts in women’s ready-to-wear, has one of four designs competing in an online contest sponsored by the upscale Allen Edmonds company.

Brown said she was drawn to use remnants to create a striking design by how the company found ways to make shoes during World War II, when leather was rationed. In that history she found parallels with how Alaska Natives made efficient use of materials.

“Being Native American myself, and from Alaska, I was attracted to the Natives of the Northwest and their own unique approaches to solving design problems,” she wrote in her contestant statement. “I was inspired by their conservative use of materials and wanted to emulate the idea of using resources in a meaningful way. I thought that their use of strips of material and other remnants was a great way to make use of every piece.”

In an email, she describes her “Frontier Boot” as “a classic men’s boot with a twist on the fabrication because of the use of salmon leather. Function was also important, so I finished with the metal lace hooks mounted on cognac-tinged Dublin horween cowhide.”

That sounds fancy, but Brown has also factored in practical features. “The boots are recraftable,” she said, “meaning that the soles can be replaced at least three times through the boot’s life span.”

People can vote on the finalists at allenedmonds.com through May 16. A link to the voting page appears every few seconds in rotation with other links at the top of the home page.

The winning design will be produced and sold as a special edition later this year.

Reach Mike Dunham at mdunham@adn.com or 257-4332.

Alaska Native rapper shares positive message with youths

By TARA YOUNG

Alaska Dispatch May 13, 2014

Samuel Johns likes to refer to himself as an artist, a storyteller. He raps, plays traditional Athabascan drums, and gives motivational talks to inspire youth. Johns grew up in Copper Center, a depressed Alaska village on the road system. He cites the availability of liquor in the village as one of the downfalls of the community.

“Growing up in the village, it’s good for some people. Some people find their peace in the wilderness and (aren’t) affected by addiction. But then when they are caught in that life, it could kill them.” It’s a story Johns knows well; many of his friends and family in the village have died after getting stuck in addictions.

“Growing up in the village is hard,” Johns said. “That’s why I have the ability to share my story, because I know where some of those kids are at.” With few opportunities and an epidemic of alcoholism in rural villages, Johns became depressed and after an alcohol-related death in his family he fell into drinking. He finally gave into the depression and desperation he had been feeling and drank away five years of his life. Johns now sees clearly that there has been a lack of sober male role models in his community. He didn’t have a role model and acknowledges that even he wasn’t present for his first daughter during his years of drinking.

Johns now wants to help change that environment for the younger generation living in Alaska Native villages. Through his positive message raps, he’s trying to reach youth in a way that’s relevant to their lives.

“Everybody has heard everything on the radio and I’m the exactly opposite of that,” he said. “Rappers, they talk about cars, money, making it rain. People can fantasize about it, but they won’t have a real connection. But when it comes to lyrics about domestic abuse, they can picture that in their mind if they’ve been around that. They can picture it, they can feel it because it’s real. My target is the younger generation. So they can listen to it and say, ‘Man, I kind of want to make a difference in my community.’”

Johns, who has been sober for almost seven years now, feels that in the village he never found a healthy way to grieve for the deaths of loved ones. Since January, Johns has been bringing his traditional drum to Bean’s Cafe to play traditional music for the homeless community, many of whom are Alaska Native. He plays music for them to “reconnect them to their lost identity.” He says the drumming is healing and traditionally a way to unite people. It’s his way of helping people heal and connect to their Native history.

You can see Samuel Johns’ videos on his YouTube channel.

Contact Tara Young at tara(at)alaskadispatch.com.

Boozy Native American head on North Dakota college kids’ shirts not a ‘Siouxper’ idea: critics

BY MICHAEL WALSH

NEW YORK DAILY NEWS | Tuesday, May 13, 2014, 5:05 PM

The University of North Dakota does not organize the Springfest bash for which the shirts were made, so it’s unclear whether the school will take disciplinary action against the students for the questionable apparel.

A group of college students made T-shirts showing a Native American head drinking from a beer bong that read “Siouxper drunk” for a huge party before finals week.

The University of North Dakota does not organize the Springfest bash, scheduled for Saturday, so it’s unclear whether the school will — or can — take disciplinary action against the students for the questionable apparel.

What is clear is that this is far from the first time people came to a head over the representation of Native Americans on the campus.

“There’s a really long history of fighting over the logo and nickname for the university. These T-shirts are just the latest event that connected to that,” Sebastian Braun, chair of the school’s American Indian Studies Department, told the Daily News.

Several years ago, the NCAA pressured the university to drop its “Fighting Sioux” logo and name, which were deemed offensive.

This T-shirt designed for a big, unsanctioned party near the University of North Dakota is being criticized for the use of an American Indian image. *Photo: Twitter*

University President Robert O. Kelley was appalled that people wore t-shirts that perpetuate derogatory and harmful stereotypes of American Indians.

“The message on the shirts demonstrated an unacceptable lack of sensitivity and a complete lack of respect for American Indians and all members of the community,” he said.

Just last week the Gamma Phi Beta sorority displayed a banner that read, “You can take away our mascot but you can’t take away our pride. Mens 2014 NCAA Frozen Four.” It was quickly removed, the president said in a statement.

Last month, students put up a poster on campus criticizing the old logo and presumably people who are nostalgic for it.

Racist or merely rowdy? ‘Siouxper Drunk’ T-shirts draw smiles, anger at University of North Dakota. Photo: Twitter — Racist or merely rowdy? ‘Siouxper Drunk’ T-shirts draw smiles, anger at University of North Dakota. *Photo: Twitter*

Braun said the upcoming party will be held off-campus but nearby.

“Part of it is in a city park and there’s a business in town with a liquor license. It’s a neighborhood with a lot of student residences,” he said.

Students who are upset about the T-shirts on Friday organized a walk from the American Indian Student Services building to the administrative building.

University spokesman Peter Johnson said the situation was under investigation.

The University of North Dakota Fighing Sioux logo has long been a source of controversy. Photo: University of North Dakota

Serving patients while raising awareness Quarterly diabetes day at the Tulalip Health Clinic

By Andrew Gobin, Tulalip News

The Tulalip Karen I. Fryberg Health Clinic held their quarterly Diabetes Day Tuesday, May 13. Diabetes Day is held once every three months, and for four hours the clinic makes all the services readily available to patients.

“With diabetes, it’s just convenient to have everybody right there and then to see me,” said Veronica Leahy, diabetes educator for the clinic. “People can come in and do their labs. Some people have had to fast, so we have healthy snacks available for afterwards.”

While Diabetes Day is intended to provide convenient all inclusive same-day service to patients, there is also an effort to bring awareness to people on how to prevent the disease. Clinic nurses used diagrams and models to show the effects of unhealthy lifestyles and how they can lead to or magnify diabetes.

Burleigh Snyder is a patient of the clinic and an advocate for diabetes awareness. He participates in most of the diabetes events, and contributes the gardens at the clinic and at the Hibulb Cultural Center.

He said, “I should be six feet under. My highest number (highest blood sugar level) was 1873. I was found in a coma, I died three times at the hospital. I advocate for diabetes awareness so that maybe what happened to me will help someone else prevent diabetes in their life.”

Rob Taylor, who volunteers at the clinic’s garden, said, “We are showing people how to eat better. Diet is so closely tied to diabetes and obesity. Healthy eating to reduce weight is very beneficial to diabetes. We would like to expand the garden, maybe include an orchard, but that’s a ways out.”

The next Diabetes Days are August 12 and November 18. Stop in at the Tulalip Health Clinic from 9:00 a.m. to 1:00 p.m. on those days to learn more.

Andrew Gobin is a reporter with the See-Yaht-Sub, a publication of the Tulalip Tribes Communications Department.
Email: agobin@tulalipnews.com
Phone: (360) 716.4188