NAJA Journalists Miss The Mark With Disenrollment Bingo

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The Native American Journalists Association (NAJA), "in partnership with High Country News," has published "Bingo: Reporting in Indian Country Edition." 

The stated name of the game:

  • "to catch overused and hackneyed ideas employed by newsrooms."
  • "to bring attention to clichés and stereotypes that often appear in stories focused on tribal affairs in the United States."
  • "to draw attention to stereotypes and cultural bias reporters employ when framing their stories."
  • "to combat cliches in order to ensure that information is accurate, fair and thorough."

While 23 (or 22) of the 24 topics do seem cliché/stereotypical/overused/hackneyed Indian news subjects, one is certainly not: Disenrollment. (Sexual assault, as a Twitter follower observed, also seems out of place as "hackneyed." See "The Native Harvey Weinsteins.")

If anything, the stories of the 10,000 Indians who have had their indigenous human right of tribal belonging violated by their own relatives, has not been sufficiently covered by newsrooms. 

That is because the subject, which has swept Indian Country for the last couple decades, was generally taboo in tribal circles until only the last couple years.  That which is taboo (definition: "prohibited or excluded from use or practice") is hardly cliché or overused. Quite the opposite.

Hushed is exactly how several thought-leaders in Indian Country preferred disenrollment.  (Consider this archived news report: "Carole Goldberg, chair of the UCLA Native Nations Law & Policy Center, called complaints over disenrollment overblown. 'Some of the human drama is being amplified,' she said. 'The tribes concede their sovereign authority if they talk to the non-Indian world, so they don't say much, which just leaves opponents to do much of the talking.'") My and others' initial reaction to the card was to think that NAJA was urging further silence.

In a healthy Twitter exchange, bingo board co-creator Graham Lee Brewer, Editor of High Country News, assuaged that particular concern.  He explained: "The bingo card is to help people from piling stereotypes on top of each other." 

Disenrollment, however, is simply not a stereotype (definition: "a widely held but fixed and oversimplified image or idea of a particular type of person or thing").

The Cleveland Wahoo, Pocahontas, Iron Eyes Cody and tribal casinos are Indian stereotypes.  Each can be, and have been, piled upon with the other news subjects on the bingo card. 

But there's no stereotype of a disenrolled Indian, a disenrolling tribe, or disenrollment itself. 

Try to imagine a disenrollment stereotype. 

You might think of a disenrolled relative or friend. Or a particular tribe that has gotten rid of its kin, or even posthumously disenrolled its Ancestors (mark my card). 

But there's no widely held, fixed image of disenrollment. That's in part because insufficient public and media attention has been given to both disenrollment protagonists and antagonists. 

Tribal "leader"-protagonists are generally not brought into focus by newsrooms.  Why not?  Why are those politicians not named and exposed like other overlords who violate human rights? (That's a disenrollment-related subject worthy of NAJA's accurate and fair coverage.) 

Meanwhile disenrollee-antagonists are generally covered en masse. A disenrollment of only a few Indians may not even make news. While a targeted tribal family (like the Nooksack 306) or sector (like Elem's entire on-Colony population) may have a spokesperson, they're rarely given a face.  To the extent there is a disenrollee poster child, they and their family are soon forgotten once the disenrollment controversy subsides.  Where are they now? Homeless. Impoverished. Addicted. Suicidal (three more marks for my card). Dead. (There's a non-cliche story for NAJA writers.)

Including disenrollment on a bingo card is as troubling as the clichéd storytelling NAJA assails. Those 10,000 disenrollees certainly don't deserve the tongue-in-cheek.  NAJA missed the mark.  

Gabriel S. Galanda is the managing lawyer of Galanda Broadman, PLLC, in Seattle. Gabe is a descendant of the Nomlaki and Concow Tribes, belonging to the Round Valley Indian Tribes of Northern California.  

 

 

 

 

Five Galanda Broadman Tribal Lawyers Honored By Super Lawyers

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Tribal lawyers Gabe Galanda (Round Valley), Anthony Broadman, Joe Sexton, Ryan Dreveskracht and Amber Penn-Roco (Chehalis) were each honored by Super Lawyers magazine for 2018.

Gabe was named a Washington “Super Lawyer” and Anthony, Joe, Ryan and Amber “Rising Stars,” all in the field of Native American Law.

Galanda Broadman, PLLC, was also recently named a “Best Law Firm” by U.S. News - Best Lawyers in the arena of Native American Law and Gaming Law, for the sixth year in a row. 

With eight lawyers and offices in Seattle and Yakima, Washington and Bend, Oregon, the firm is dedicated to advancing tribal legal rights and Indian business interests, and defending Indian civil rights.

"Who's Who" Expected at 15th Annual NW Gaming Law Summit in December

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The Northwest Gaming Law Summit, now in its 15th year, has become a veritable "who's who" event for the Pacific Northwest and national gaming industry. It takes place this year on December 7 and 8, 2017, at the Washington State Convention Center in Seattle, Washington.  

Join Program Co-Chairs Gabriel S. Galanda, a partner and co-founder of Galanda Broadman PLLC, Frank L. Miller, a founding member of Miller Malone & Tellefson PS, and Robert M. Tull, owner of the Law Offices of Robert M. Tull.  They lead a outstanding faculty, including:

  • Hon. W. Ron Allen of the Washington Indian Gaming Association
  • Anthony S. Broadman of Galanda Broadman PLLC
  • Nicholas Brown of Pacifica Law Group
  • Hon. Jonodev Osceola Chaudhuri, Chairman of the National Indian Gaming Commission
  • Scott D. Crowell of Crowell Law Office
  • Geoff Freeman of the American Gaming Association
  • Timothy M. Hansen of Hansen Reynolds
  • Hon. Philip Hogen, former Chairman of the National Indian Gaming Commission
  • Vanya Hogen of Hogen Adams
  • Hon. Bill Iyall, Chairman of the Cowlitz Indian Tribe
  • Paul Jacquart of Hansen Reynolds
  • Jerome Levine of Holland & Knight
  • James Maida of Gaming Laboratories International
  • Aurene Martin of Spirit Rock Consulting
  • D. Michael McBride, III of Crowe & Dunlevy
  • Hon. Harold Monteau, former Chairman of the National Indian Gaming Commission
  • Judith Shapiro of the Law Office of Judith Shapiro
  • Hon. Theresa Sheldon of the Tulalip Tribes of Washington
  • Casey Sixkiller of Sixkiller Consulting
  • Christopher Stearns of the Washington State Gambling Commission
  • Ernest J. Stebbins of the Washington Indian Gaming Association
  • Tyrel Stevenson of the Coeur D'Alene Tribe
  • Stephanie Striffler of the State of Oregon Department of Justice
  • Hon. David Trujillo, Director of the Washington State Gambling Commission
  • Kevin Wadzinski of Powers Pyles Sutter & Verville
  • Scott Wheat of the Spokane Tribe of Indians

Gabriel “Gabe” Galanda is the Managing Partner at Galanda Broadman. He belongs to the Round Valley Indian Tribes. Gabe can be reached at 206.300.7801 or gabe@galandabroadman.com.

Galanda Broadman Again Named "Best Firm" in Native American & Gaming Law by U.S. News

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Galanda Broadman, PLLC, has been named a “Best Law Firm” by U.S. News - Best Lawyers in the arena of Native American Law and Gaming Law, for the sixth year in a row. 

According to U.S. News - Best Lawyers, the firm's national ranking was determined through the firm's overall evaluation, which was derived from a combination of Galanda Broadman’s “clients' impressive feedback” and “the high regard that lawyers in other firms in the same practice area have for [the] firm.” 

Galanda Broadman, “An Indian Country Law Firm,” is dedicated to advancing tribal legal rights and Indian business interests, and defending Indian civil rights. The firm, with eight lawyers and offices in Seattle and Yakima, Washington and Bend, Oregon, represents tribal governments, businesses and members in critical litigation, business and regulatory matters, especially in matters of Indian Treaty rights, tribal sovereignty, taxation, civil rights, and tribal citizenship.

Gabe Galanda Returns Home to Clallam County to Discuss Indian Civil Rights Advocacy

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On Friday, November 3rd, Gabe Galanda will address the Clallam-Jefferson County Pro Bono Lawyers, regarding "American Indian Civil Rights Advocacy."

Gabe will speak at the group's CLE Bonanza at the Sequim Transit Center.  He will be joined by Assistant U.S. Attorney Tate London, who will address “Federal Prosecutions in Indian Country.”

Gabriel S. Galanda is the managing lawyer of Galanda Broadman, PLLC, in Seattle. Gabe is a descendant of the Nomlaki and Concow Tribes, belonging to the Round Valley Indian Tribes of Northern California.  He was born in Port Angeles, Washington and raised in Clallam County, between P.A. and Carlsborg, a hamlet just outside of Sequim.

Gabe Galanda to Talk Tribal Kinship Versus Disnrollment at UNM Gallup

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Gabe Galanda will deliver a lecture on tribal kinship and disenrollment to UNM Gallup classes on Thursday, October 26, 2017. 

His talk will be inspired by the lecture he delivered last week at Western Washington University titled "Restoring Indigenous Kinship Amidst America's Nationalist Movement."

Gabriel S. Galanda is the managing lawyer of Galanda Broadman, PLLC, in Seattle. Gabe is a descendant of the Nomlaki and Concow Tribes, belonging to the Round Valley Indian Tribes of Northern California.  

Silence-Breaker: California Indian Law Association Speaks On Disenrollment

The California Indian Law Association is featuring the following program in Sacramento on Friday, October 14:

1:15 – 2:30 pm Tribal Disenrollment and Exclusions: A Discussion of Tribal Interests
 Moderator: Christina Snider, CILA Vice President
Panelists:
                 [INVITED]Adam Bailey, Associate, Hobbs, Straus, Dean & Walker
                 Sara Dutschke Setshwaelo, Counsel, Dentons LLP
                 Frank Lawrence, Law Office of Frank Lawrence
                 EJ “Eddie” Crandell, Chairperson, Robinson Rancheria

Each of these speakers, and the CILA conference organizers, should be commended for their bravery for discussing the still relatively taboo issue of disenrollment.

California remains the epicenter of disenrollment, with more than 30 tribes or rancherias having engaged in the practice according to Professor David Wilkins.  That's nearly half of all tribes in the country who have disenrolled their relatives.  At the Elem Colony, for example, the entire on-colony population were proposed for disenrollment in 2016 and are now being disenfranchised.

Ramona Band of Cahuilla Chairman Joseph Hamilton aptly described things in the Golden State:

In Southern California, where my tribe calls home, disenrollment is common, in part because of big gaming revenues and internal power struggles. It is also a symptom of the breakdown of traditional tribal power structures. Simply put, some tribal leaders listen to lawyers instead of elders.

Meanwhile over the last couple decades, the typically thought-leading UC System has turned a deaf ear to disenrollment.

[T]hose issues remain taboo within the Indian Country academic establishment, despite the current Indian disenrollment epidemic and the ability of our brightest minds to identify the causes and develop the cures.

As a Native person rightfully commented on a recent column by Professor David Wilkins: "There are no easy answers but I believe academia deserves as much of the blame as anyone for not facing this reality and attacking it head on."

With disenrollment having run rampant throughout California since the mid-2000s, that blame is rightly owed to lawyers and academics in the UC System, and to attorneys in general, for not doing enough---perhaps no doing anything---to prevent the epidemic from spreading.

In fact, as Professor Wilkins concludes in his seminal book on disenrollment, Dismembered, some lawyers have actually helped spread the epidemic: "there is evidence that some attorneys have prolonged or even fomented conflict to gain more resources for themselves and their law firms."

But with every dialogue about the subject---whether a speaker believes disenrollment is the prerogative of tribal politicians, or is antithetical to tribalism---there is hope.  Silence in too many realms has greatly contributed to the epidemic.  Public discourse will help cure it.

Gabriel S. Galanda is the managing lawyer of Galanda Broadman, PLLC, in Seattle. Gabe is a descendant of the Nomlaki and Concow Tribes, belonging to the Round Valley Indian Tribes of Northern California.  

 

 

Bree Black Horse Heads to Kansas Law to Talk Indian Civil Rights, Disenrollment

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At the invitation of Associate Dean Elizabeth Kronk, Bree Black Horse will visit the University of Kansas School of Law on Thursday, October 12, 2017, to speak to law students regarding "Indian Law and Tribal Disenrollments."  

Bree will discuss career opportunities in Indian law, and her work with the firm in Indian civil rights advocacy, particularly in the disenrollment context.  Gabe Galanda will join her for the presentation via Skype.

Bree Black Horse is an Associate in the Seattle office.  Bree's practice focuses on federal court and tribal court litigation involving tribal governments, enterprises and members.  She can be reached at (206) 735-0448 or bree@galandabroadman.com.