AG opinion: Councilor wrongly barred Phoenix video

BY TRAVIS SNELL
Assistant Editor
11/26/2008 11:11 AM
TAHLEQUAH, Okla. – In a Nov. 18 opinion, the tribe’s Attorney General’s Office stated Council Speaker Meredith Frailey wrongly denied the Cherokee Phoenix video coverage of a June public forum concerning the tribe’s planned takeover of W.W. Hastings Indians Hospital.

“The Cherokee Nation Freedom of Information and Right of Privacy Act of 2001 provides members of the public and the press with a statutory right to make sonic recordings at open meetings,” the opinion states. “Government employees and officials do not have the authority to restrict the tribal newspaper staff from making a video recording of a public meeting or forum unless the restriction is reasonable, narrowly tailored, advances a substantial government interest and does not obstruct other alternative forms of communication.”

Cherokee Phoenix staffer Craig Henry said Frailey told him he was not allowed to video record a June 26 public forum where tribal health officials, administration cabinet members and councilors answered questions from the public and discussed Cherokee Nation’s planned assumption of Hastings.

He said before the event Frailey asked CN Communications Officer Mike Miller and CN Leadership Group Leader Todd Enlow if they had set up the camera.

“They told her no, so she turned to me and said I had to take it down,” Henry said. “She told me they (she and forum co-sponsor Councilor Bradley Cobb) were not allowing anyone to record the meeting. She said they were afraid people would be reluctant to speak if there were cameras.”

Henry also said Frailey told him several other media outlets had inquired about video access and that they were denied.

“We considered this a public forum, and it was called primarily for the benefit of W.W. Hastings employees so they could learn and discuss freely the topics concerning the future of Hastings hospital,” Frailey said. “We felt that video taping such an event would have a rather chilling effect on the free flow of ideas and communications concerning the issues that arose.”

However, according to the opinion, “Members of the public may be unable, due to work or family commitments, to attend the forum on the date and time prescribed. Having a recording of the event available to the public allows a larger number of citizens to benefit from the public discourse. Many of the questions asked by members of the public at the forum may be questions of interest to all of the citizens of the Cherokee Nation.”

Jami Custer, the staff writer who covered the forum, said no audience comments were made during or after the officials’ presentation and that audience members wrote questions on paper and put them into a box.

The questions were later read by Cobb, who allowed officials to answer. She added that the only audience member who spoke during the forum did so to reiterate a question he wrote for the panel to answer.

Frailey said the forum’s original plan called for allowing public comments, but because the forum ran long, Cobb, who moderated the event, didn’t open it up for comments.

The two councilors sponsored the forum so the tribe’s negotiation team could publicly present an overview of the proceedings with Indian Health Service about the planned Hastings takeover from the IHS.

Secretary of State Melanie Knight said Cobb and Frailey were two of the four councilors designated by the council’s Health Committee who attended the negotiations.
About the Author
Travis Snell has worked for the Cherokee Phoenix since 2000. He began as a staff writer, a position that allowed him to win numerous writing awards from the Native American Journalists Association, including the Richard LaCourse Award for best investigative story in 2003. He was promoted to assistant editor in 2007, switching his focus from writing to story development, editing, design and other duties.

He is a member of NAJA, as well as the Society of Professional Journalists, Investigative Reporters and Editors, and Society for News Design.

Travis earned his journalism degree with a print emphasis in 1999 from Oklahoma City University. While at OCU, he served as editor, assistant editor and sports reporter for the school’s newspaper.

He is married to Native Oklahoma publisher Lisa Snell. The couple has two children, Sadie and Swimmer. He is the grandson of original enrollee Swimmer Wesley Snell and Patricia Ann (Roberts) Snell.
TRAVIS-SNELL@cherokee.org • 918-453-5358
Travis Snell has worked for the Cherokee Phoenix since 2000. He began as a staff writer, a position that allowed him to win numerous writing awards from the Native American Journalists Association, including the Richard LaCourse Award for best investigative story in 2003. He was promoted to assistant editor in 2007, switching his focus from writing to story development, editing, design and other duties. He is a member of NAJA, as well as the Society of Professional Journalists, Investigative Reporters and Editors, and Society for News Design. Travis earned his journalism degree with a print emphasis in 1999 from Oklahoma City University. While at OCU, he served as editor, assistant editor and sports reporter for the school’s newspaper. He is married to Native Oklahoma publisher Lisa Snell. The couple has two children, Sadie and Swimmer. He is the grandson of original enrollee Swimmer Wesley Snell and Patricia Ann (Roberts) Snell.

News

BY STAFF REPORTS
11/21/2014 02:39 PM
CATOOSA, Okla. – On Jan. 15, comedian Kevin Nealon will bring his stand-up comedy tour to The Joint inside Hard Rock Hotel & Casino Tulsa. As one of the longest running cast members on “Saturday Night Live,” Nealon created some of the show’s most memorable characters, including The Subliminal Man, Hans and Franz and a reoccurring role as an anchor on Weekend Update. In 1988, he earned an Emmy Award nomination as part of the “SNL” writing team. Since his time on “SNL,” Nealon has encountered great comic success with an extensive film career starring in films such as “Just Go With it,” “Eight Crazy Nights,” “The Wedding Singer,” “Happy Gilmore,” “You Don’t Mess with The Zohan” and “Blended.” Nealon’s other film credits include “Joe Dirt,” “Daddy Day Care,” “Good Boy,” “Grandma’s Boy” and “Bucky Larson: Born to be a Star.” He starred in the television show “Weeds” until the final season in 2009 and is a sought-after guest star on television shows “Hot In Cleveland,” “Franklin & Bash,” “Monk,” “Fat Actress,” “Curb Your Enthusiasm” and “Still Standing.” In 2008, Nealon released his first book, “Yes, You’re Pregnant, But What About Me?” – a comical look at the male perspective of pregnancy. In 2009, he scored his first one-hour, stand-up special, “Kevin Nealon: Now Hear Me Out!” which aired on Showtime. In 2012, he recorded his second Showtime stand-up special, “Whelmed… But Not Overly.” Tickets to the show start at $35 and can be purchased online at <a href="http://www.hardrockcasinotulsa.com" target="_blank">www.hardrockcasinotulsa.com</a> or by calling 918-384-ROCK. For more information on Kevin Nealon, visit <a href="http://www.kevinnealon.com/" target="_blank">kevinnealon.com/</a>.
BY STAFF REPORTS
11/21/2014 12:18 PM
CATOOSA, Okla. – After touring and recording for the past 44 years, ZZ Top will be performing on Jan. 16 at The Joint inside Hard Rock Hotel & Casino Tulsa. The Rock and Roll Hall of Famers will perform classic hits ranging from “Sharp Dressed Man” to “La Grange” and “Legs” and "Tush" along with “I Gotsta Get Paid” and other new material from “La Futura,” their latest album with producer Rick Rubin. ZZ Top formed in Houston in 1969, becoming an international touring act in the 1970s. Their unique hybrid of dirty blues and hard rock, incorporating new sounds and technology, earned them induction into the Rock and Roll Hall of Fame in 2004. The band will be releasing a comprehensive greatest hit collection titled “The Baddest of ZZ Top.” They will be sharing bills with Jeff Beck next summer and undertaking a slate of tour dates on their own in the fall. Tickets to the show start at $60 and can be purchased online at www.hardrockcasinotulsa.com or by calling 918-384-ROCK. For more information on the band, visit <a href="http://www.zztop.com" target="_blank">zztop.com</a>.
BY WILL CHAVEZ
Senior Reporter
11/21/2014 08:40 AM
LOST CITY, Okla. – American flags lined the dirt road leading up the Swimmer Church in rural Lost City on Nov. 11 as veterans and their families came to partake in the church’s annual Veterans Day program. One of the event’s organizers, Pat Martinez, said her late mother, Lora Crittenden, and her mother’s best friend, Juanita Allen, began honoring veterans at the church 25 years ago on Veterans Day. She said her late uncle, Bob Crittenden, was a prisoner of war during World War II, and her mother and Allen thought it would be nice to honor Bob and other veterans in the community on Veterans Day. “So they called and they went to see people and asked people to come to Veterans Night. They made little trinkets and used crate paper (to make decorations). It’s evolved to 25 years later to what it is now,” Martinez said. “We give them something to remember the church and also to remember them being a veteran. We’re proud of this small community coming together and making a difference.” During the program, veterans enter the church after everyone else is seated and are seated in the front. Veterans are presented with certificates and medals and are asked to stand or sit on the stage and tell everyone the military branch in which they served. After the program, which includes a welcome from the pastor and patriotic songs, the veterans walk next door to the church’s fellowship hall for a potluck meal. Martinez said the church’s congregation understands a program and a meal is “not much” to thank the veterans for their willingness to sacrifice themselves to help protect the country. “If you served during peace time or if you were combat, our freedom still depends on men and women like you,” she said during the program. “God bless you veterans and God bless America.” Cherokee veteran Ross Gourd, who lives in the nearby community of Double Springs, served in the Army from 1969-71. He has been coming to the Swimmer Church Veterans Day program for 13 years and appreciates that veterans have a place to get together on their day and enjoy a home-cooked meal. He is a recipient of the Cherokee Warrior Award from the Cherokee Nation. Jimmy Carey of Hulbert served in the Air Force during the Vietnam era from 1966-70. “I did what I had to do to show that my people were supportive of this government. I think it’s the greatest government there is. It’s not perfect, but it’s great, and I wouldn’t want to live anyplace else,” he said. A CN citizen, Carey taught the Cherokee language at Sequoyah High School for 14 years and worked for the Nation for 22 years. He retired from teaching this past spring. It was his first time attending the church’s Veterans Day program and he said he was “impressed.” “This is what can happen when you get to thinking you need to do something. I like it. I really do. I’ll be back next year,” he said. Martinez said 20 to 25 veterans attend the program each year, but as the years pass there are less and less World War II and Korean War veterans. “We hope the younger ones will pick up the torch and come,” she said.
BY STAFF REPORTS
11/19/2014 10:01 AM
WASHINGTON – Photographer Dana Gluckstein is working alongside Amnesty International to honor Native American Heritage Month. In doing so they announced the tour of DIGNITY: Tribes in Transition, an award-winning photography exhibition that honors indigenous peoples worldwide. Exhibition photographs are being shared on social media sites during November. The exhibition will open on Jan. 29 at the Boston University Art Gallery. According to a Boston University College of Fine Arts press release, DIGNITY’s artistry, power and impassioned call to action create a historic exhibition in support of indigenous peoples, who represent six percent of the global population. DIGNITY previously toured in European museums for the past several years. More exhibition dates and locations will be announced soon. To view Gluckstein’s work, visit her Twitter and Instagram @DanaGluckstein.
BY ASSOCIATED PRESS
11/18/2014 01:52 PM
HARTFORD, Conn. (AP) – Revenue at U.S. casinos jumped more than 6 percent in 2012, the first significant increase in three years as economic growth picked up speed and more casinos opened in several markets. But revenue generated by Indian casinos rose less than 2 percent the same year, Casino City’s North American Gaming Almanac found. Growth is limited due to regulations restricting tribal casino expansion beyond reservations and differences between tribes over how best to expand, said Vin Narayanan, editor-in-chief of Casino City. “There’s a giant political question about that,” he said. Total gambling revenue in 2012 was $94.47 billion, with the largest share, $40.38 billion, from casinos and card rooms. Tribal casinos generated $28.14 billion followed by lotteries ($23.41 billion) and racing and sports gambling ($2.55 billion) in 2012. Casino revenue grew by a fraction of 1 percent in 2011 and 2010 and fell nearly 6 percent in 2009 as the steepest economic downturn since the Depression took hold. Year-to-year revenue changes are vastly different from one state to another. In Ohio, for example, total gambling revenue jumped by one-third from 2011 to 2012 as casino gambling ramped up. But in New Jersey, seventh largest among the states in overall gambling revenue in 2012, casino revenue fell from $3.69 billion in 2009 to $2.71 billion in 2012 as three Atlantic City casinos shut. Nevada, California and New York are the top three states in casino revenue. Narayanan said saturation is the culprit for the decline of Atlantic City’s casinos, but it’s not an issue elsewhere. “Are there too many casinos in the market? As far as Atlantic City is concerned, there are too many casinos on the market,” he said. But casinos opening in Ohio are satisfying “pent-up demand,” he said. Similarly, the legalization of casino gambling in Maryland in 2008 and the opening of the state’s first casino in 2010 generated tremendous revenue. Casino and card room revenue increased from $27.6 million in 2010 to $377.8 million in 2012. Total gambling revenue jumped to $1.15 billion in 2012 from $760.6 million in the same period. “Maryland is a place that’s just taking off,” Narayanan said. The opening of casinos in Massachusetts in the next few years is expected to lead to a significant new source of revenue, possibly at the expense of neighboring Connecticut’s Mohegan Sun and Foxwoods Resort casinos. Narayanan questioned if gamblers who check out a Massachusetts casino will still be comfortable traveling to Connecticut’s tribal casinos. “That’s a real good question,” he said.
BY STAFF REPORTS
11/17/2014 03:09 PM
TAHLEQUAH, Okla. – The Cherokee Phoenix offers a digital alternative to keep in touch with the news and events posted by the Cherokee Phoenix for those on the go who want to stay in the know. The Cherokee Phoenix Weekly is a digital newsletter that’s emailed every Wednesday. It consists of the latest news and feature stories, links to cherokeephoenix.org and space for advertising. The newsletter is also used to notify its subscribers of important breaking news and can be viewed on any mobile device. To subscribe, go to <a href="http://www.cherokeephoenix.org" target="_blank">www.cherokeephoenix.org</a> and scroll down to the Cherokee Phoenix Weekly Digital Newsletter section on the right side of the page. To inquire about advertising on the newsletter, email <a href="mailto: phoenix-advertising@cherokee.org">phoenix-advertising@cherokee.org</a>.