http://www.cherokeephoenix.orgSeveral Cherokee Freedmen gather for the Dec. 11 Rules Committee meeting in Tahlequah. In the meeting the Tribal Council indefinitely tabled legislation by Tribal Councilor David Walkingstick that called for an appeal of a federal ruling that gives Freedmen tribal citizenship rights. Walkingstick and fellow legislator Harley Buzzard later filed suit against Attorney General Todd Hembree alleging he did not consult with the Tribal Council before deciding not to appeal the case of Cherokee Nation v. Nash and Vann v. Zinke, which grants Freedmen CN citizenship. The CN Supreme Court heard the case on April 20. BRANDON SCOTT/CHEROKEE PHOENIX
Several Cherokee Freedmen gather for the Dec. 11 Rules Committee meeting in Tahlequah. In the meeting the Tribal Council indefinitely tabled legislation by Tribal Councilor David Walkingstick that called for an appeal of a federal ruling that gives Freedmen tribal citizenship rights. Walkingstick and fellow legislator Harley Buzzard later filed suit against Attorney General Todd Hembree alleging he did not consult with the Tribal Council before deciding not to appeal the case of Cherokee Nation v. Nash and Vann v. Zinke, which grants Freedmen CN citizenship. The CN Supreme Court heard the case on April 20. BRANDON SCOTT/CHEROKEE PHOENIX

CN Supreme Court hears Freedmen ruling case

BY WILL CHAVEZ
Assistant Editor – @cp_wchavez
04/24/2018 04:15 PM
CORRECTION: In the April 23 story “CN Supreme Court hears Freedmen ruling case” that we published on www.cherokeephoenix.org, as well as our Facebook and Twitter pages, we erroneously named Tribal Councilor Dick Lay as one of the two Tribal Councilors mentioned as a party to the ongoing Freedmen case, when in fact it was meant to state Tribal Councilor Harley Buzzard. After the error came to our attention, we pulled the story from any and all social media, as well as the Cherokee Phoenix website. We apologize on behalf of the Cherokee Phoenix and the Cherokee Phoenix Editorial Board to all parties affected, especially Tribal Councilor Lay. We regret the error.

TAHLEQUAH – The Cherokee Nation’s Supreme Court on April 20 heard arguments regarding Attorney General Todd Hembree’s decision not to appeal the federal case of Cherokee Nation v. Nash and Vann v. Zinke, which allows Freedmen tribal citizenship and rights.

CN citizens represented by attorney Stephen Gray objected to Hembree not appealing the Aug. 30, 2017, ruling by Senior U.S. District Judge Thomas Hogan, saying it’s an “attack on the Nation’s sovereignty” comparable to the Five Civilized Tribes Act of 1906, which removed land and assets from the CN.

“Citizens’ motions and petition have become necessary because Hembree argues that he has the sole authority to appeal or not appeal the (Washington) D.C. case in his position as attorney general, without consultation with the council and is protected by sovereign immunity from citizens. His argument puts him not only above the law, but now he is the law,” states Gray’s submitted petition.

In August, Hogan ruled, “the Cherokee Nation can continue to define itself as it sees fit but must do so equally and evenhandedly with respect to native Cherokees and the descendants of Cherokee Freedmen.”

“In accordance with Article 9 of the 1866 Treaty, the Cherokee Freedmen have a present right to citizenship in the Cherokee Nation that is coextensive with the rights of Native Cherokees,” Hogan states.

On Aug. 31, Hembree stated he wouldn’t appeal Hogan’s decision. “The issues in this case first arose nearly 40 years ago, and I am grateful to finally have a ruling on the core legal issues that we presented to Judge Hogan in 2014. It was always my goal to present these arguments before the Court and get a final decision that was binding on all parties. I do not intend to file an appeal.”

He said the CN “respects the rule of law” and has begun processing Freedmen citizenship applications.

Gray’s petition states that without Tribal Council consent Hembree is “negotiating away the Nation’s sovereignty and obligating the Nation to tens of millions of dollars in liability.”

Some of that liability, Gray states, would be in the form of tribal services that would be provided to Freedmen, who are descendants of slaves once held by CN citizens.

Assistant Attorney General Chrissi Nimmo argued in court that the Council doesn’t have a right to question Hembree’s decision. She said Tribal Councilors Harley Buzzard and David Walkingstick filed the case as citizens but changed their standing to their official capacity as legislators. In the original petition it states they filed as citizens. In an amended petition it states they filed as citizens and Tribal Councilors.

She said legislators don’t have the right to sue Hembree to force an appeal of Hogan’s decision. She also told the court that on Dec. 11, 2017, the Tribal Council indefinitely tabled Walkingstick’s legislation to appeal the ruling. Nimmo said that vote, in effect, “killed” the issue of appealing Hogan’s decision.

Gray argued legislators have a right to be involved in all “settlements” involving the CN. However, Nimmo said the federal court’s ruling isn’t a settlement.

“This is an order of the court after years of litigation that the AG (attorney general) chose not to appeal,” she said. “The Council is not a client of the AG. The Cherokee Nation is his client.”

In his petition, Gray asserts a 2007 constitutional amendment requiring CN citizens to have Indian blood and that it binds the principal chief and attorney general to the people’s wishes.

Hogan’s ruling addresses the 2007 amendment.

“The Cherokee Nation is mistaken to treat freedmen’s right to citizenship as being tethered to the Cherokee Nation Constitution when, in fact, that right is tethered to the rights of native Cherokees. Furthermore, the freedmen’s right to citizenship does not exist solely under the Cherokee Nation Constitution and therefore cannot be extinguished solely by amending that Constitution,” states Hogan’s ruling.

Nimmo informed the court that the last day for the CN to appeal Hogan’s ruling was April 23. Supreme Court Chief Justice John Garrett said the court would “expedite” a decision.
About the Author
Will lives in Tahlequah, Okla., but calls Marble City, Okla., his hometown. He is Cherokee and San Felipe Pueblo and grew up learning the Cherokee language, traditions and culture from his Cherokee mother and family. He also appreciates his father’s Pueblo culture and when possible attends annual traditional dances held on the San Felipe Reservation near Albuquerque, N.M.

He enjoys studying and writing about Cherokee history and culture and writing stories about Cherokee veterans. For Will, the most enjoyable part of writing for the Cherokee Phoenix is having the opportunity to meet Cherokee people from all walks of life.
He earned a mass communications degree in 1993 from Northeastern State University with minors in marketing and psychology. He is a member of the Native American Journalists Association.

Will has worked in the newspaper and public relations field for 20 years. He has performed public relations work for the Cherokee Nation and has been a reporter and a photographer for the Cherokee Phoenix for more than 18 years. He was named interim executive editor on Dec. 8, 2015, by the Cherokee Phoenix Editorial Board.
WILL-CHAVEZ@cherokee.org • 918-207-3961
Will lives in Tahlequah, Okla., but calls Marble City, Okla., his hometown. He is Cherokee and San Felipe Pueblo and grew up learning the Cherokee language, traditions and culture from his Cherokee mother and family. He also appreciates his father’s Pueblo culture and when possible attends annual traditional dances held on the San Felipe Reservation near Albuquerque, N.M. He enjoys studying and writing about Cherokee history and culture and writing stories about Cherokee veterans. For Will, the most enjoyable part of writing for the Cherokee Phoenix is having the opportunity to meet Cherokee people from all walks of life. He earned a mass communications degree in 1993 from Northeastern State University with minors in marketing and psychology. He is a member of the Native American Journalists Association. Will has worked in the newspaper and public relations field for 20 years. He has performed public relations work for the Cherokee Nation and has been a reporter and a photographer for the Cherokee Phoenix for more than 18 years. He was named interim executive editor on Dec. 8, 2015, by the Cherokee Phoenix Editorial Board.

News

BY ROGER GRAHAM
Multimedia Producer – @cp_rgraham
07/16/2018 12:00 PM
TAHLEQUAH - The Cherokee Nation’s Election commission held a special meeting on July 10 in the Cherokee Nation Election Commission building. Commissioners revised various segments of the EC bylaws, rules and regulations. The commission also discussed actions to be taken on the recent water damage to its headquarters. The commission then voted to allow EC Chairwoman Shawna Calico to vote on all motions. Before this decision, Calico only voted when votes ended in ties. Later Commissioner Carolyn Allen motioned for the commission to go into executive session after attorney Harvey Chaffin told the five commissioners he saw no need for executive session. Once the commission came out of the private discussion, Calico announced no action was taken during the executive session. The Cherokee Phoenix covered the event and produced the following video of the entire meeting, not including the executive session.
BY ASSOCIATED PRESS
07/15/2018 02:00 PM
TULSA, Oklahoma (AP) — Activists in Oklahoma are looking to entrench the right to use marijuana in the state's constitution by promoting a pair of ballot measures. The Tulsa World reports that the first state question would classify marijuana as an "herbal drug" and amend the Oklahoma Constitution. The other initiative says a person 21 years or older can possess or consume up to two ounces of marijuana for personal use. Both were filed in April. Voters in Oklahoma backed the medicinal use of the drug last month. Yet, Isaac Caviness with Green the Vote says the two state questions being promoted are an "insurance policy" to make sure State Question 788 is not over regulated.
BY ASSOCIATED PRESS
07/15/2018 08:00 AM
TULSA, Okla. (AP) — Oklahoma's 4.0 earthquakes are up significantly this year, but the overall rate of earthquakes is declining. Oklahoma has had six quakes of at least magnitude 4.0 halfway through this year, which is one more than all of last year. But the overall rate of earthquakes has declined, with 96 quakes of magnitude 3.0 or greater through June 30, compared with 144 at this point last year and 302 by the end of 2017, the Tulsa World reported. A magnitude 4.6 in April near Perry was the 12th largest in state history. Scientists are largely seeing earthquakes on unmapped faults that were activated in 2014 by wastewater injection, said state seismologist Jake Walter. Scientists are researching specific mechanisms by which the state's ongoing seismicity is triggered, he said. Wastewater can trigger the initial earthquakes, but quakes themselves can lead to more quakes. "So in some ways the wastewater injection has created a new paradigm that defies how we would categorize main shocks and aftershocks if this were a fault that had slipped in a more natural setting," he said. Walter said that Oklahoma's seismic risk appears to be similar to the latest hazard forecast put out by the U.S. Geological Survey in March. The agency calculated Oklahoma's short-term hazard levels to be similar to active regions in California. The chance of earthquake damage in high-hazard areas of Oklahoma this year ranges from 1 percent to 14 percent, "much higher" than most parts of the U.S.
BY ASSOCIATED PRESS
07/14/2018 02:00 PM
OKLAHOMA CITY (AP) – Civil lawsuits have been filed in two Oklahoma counties accusing state health officials of improperly imposing strict rules on the state's recently approved medical marijuana industry. Separate lawsuits were filed Friday in Cleveland and Oklahoma counties over the policies that were adopted this week by the State Board of Health and then quickly approved by Republican Gov. Mary Fallin. The board of Fallin appointees voted 5-4 on Tuesday to approve a ban on the sale of smokable marijuana and requiring pharmacists at dispensaries, infuriating activists who had worked for years to get medical marijuana on the ballot. The measure passed June 26 with nearly 57 percent of the vote. Interim Commissioner of Health Tom Bates said July 10 his office anticipated legal challenges and was prepared to defend the new rules.
BY STAFF REPORTS
07/12/2018 08:15 AM
TAHLEQUAH – Nearly 500 representatives of the 25 at-large and 88 in-jurisdiction Cherokee organizations recently traveled to Tahlequah for the Cherokee Nation’s 14th annual Conference of Community Leaders. The two-day conference hosted by the tribe’s Community and Cultural Outreach was held June 22-23 at Northeastern State University. Attendees attended workshops led by experts in sustainability and culture, and also met with tribal leaders, including Principal Chief Bill John Baker, Deputy Chief S. Joe Crittenden, Secretary of State Chuck Hoskin Jr. and Tribal Councilors. The tribe concluded the conference with the Community Impact Awards banquet, which honors community organizations that do outstanding volunteer work, promote the culture and make other significant contributions. “The community organizations, both in the 14 counties and at-large, are some of the tribe’s most valuable partners, because they allow us to reach and help our citizens more effectively and efficiently,” Hoskin said. “Whether it’s mentoring youth or offering cultural enrichment programs or providing housing through temporary shelters, these groups define the values of community and family that are important to us as Cherokee people, and that is something to be commended and recognized.” Cherokee Citizens League of Southeast Texas, an official at-large Cherokee Nation organization based in Houston, was honored with the 2018 Organization of the Year award. After Hurricane Harvey struck the organization’s community, members stepped up to help neighbors recover from the flooding and coordinated efforts to take donations to those in need. The organization also received the Strong Hands Award for its efforts after Hurricane Harvey. “We were all surprised and humbled to be recognized for our work following Hurricane Harvey,” Wade McAlister, Cherokee Citizens League of Southeast Texas president, said. “We were just doing what we do. It was a team effort and exemplifies both the Cherokee ethic of gadugi and the Houston can do spirit.”?? Boys & Girls Club of Adair County received the Youth Leadership Award at the Cherokee Nation Community and Cultural Outreach conference. The nonprofit organization maintains in school, after school and summer programs for the youth of Adair County. “Boys & Girls Clubs of Adair County is based on inspiring and enabling youth to realize their full potential,” Kristal Diver, Boys & Girls Club of Adair County CEO, said. “Receiving the Youth Leadership Award is a great honor and has shown us that we are moving in the right direction. The continuous support of Cherokee Nation has made it possible for us to provide a safe, positive place with fun and engaging activities, supportive relationships with adults and opportunities for our youth.” <strong>Other organizations honored with Community Impact Awards were:</strong> Newcomer of the Year Award – Northern Cherokee County Community Booster Club Newcomer of the Year Award – Illinois River Area Community Organization Mary Mead Volunteerism Award – Native American Fellowship Inc. Mary Mead Volunteerism Award – Greater Wichita Area Cherokees Most Improved Award – Marble City Activity Organization Best in Technology Award – Indian Women’s Pocahontas Club Best in Technology At-Large – San Diego Cherokee Community Continuing Education Award – Spavinaw Youth and Neighborhood Center Hunger Fighters Award – Tailholt Community Organization Roy Hamilton Historical Preservation Award – Adair County Historical and Genealogical Association Roy Hamilton Historical Preservation Award – Mt Hood Cherokees Strong Hands Award – Mid County Community Organization Strong Hands Award – Cherokee Citizens League of Southeast Texas Grant Writer of the Year Award – Adair County Historical and Genealogical Association Technical Assistance Award – Cherokee National Historical Society Best in Reporting Award – Stilwell Public Library Friends Society Best in Reporting At-Large – Kansas City Cherokee Community Community Partnership Award – Tailholt Community Organization Community Partnership At-Large – San Antonio Cherokee Township Community Inspiration Award – Noweta Cherokee Community Foundation Community Inspiration Award – New Mexico Cherokee Community Cultural Perpetuation Award – Washington County Cherokee Organization Cultural Perpetuation At-Large – Cherokees of the Northern Central Valley Donna Chuculate Cemetery Preservation Award – Webbers Falls Historical Society Museum Donna Chuculate Cemetery Preservation Award – Cherokees of the Northern Central Valley Youth Leadership Award – Boys & Girls Club of Adair County Youth Leadership At-Large – Valley of the Sun Cherokees Conference Attendance Award – Cherokees for Black Indian History Preservation Foundation Conference Attendance Award – San Antonio Cherokee Township Above & Beyond Award – Cherokees for Black Indian History Preservation Foundation Above & Beyond Award – Capital City Cherokee Community Community Leadership Award – Orchard Road Community Outreach Community Leadership At-Large – Cherokee Society of Greater Bay Area Lifetime Achievement Award – Gary Bolin (Brushy Cherokee Action Association) Lifetime Achievement Award – Dude Feathers (Oakhill Piney Community Organization) Organization of the Year Award – Mid County Community Organization Organization of the Year At-Large – Cherokee Citizens League of Southeast Texas Sponsor Award – Cherokee Nation Businesses
BY STAFF REPORTS
07/11/2018 04:00 PM
VINITIA – Less than three months after the U.S. Surgeon General released a public health advisory urging more Americans to carry a lifesaving medication that can reverse the effects of an opioid overdose, Vinita firefighters used that medication, naloxone, to save a life. In June, Vinita firefighters responded to a call about a female who had chewed a fentanyl patch. Vinita Fire Chief Kevin Wofford said when they arrived at the scene, firefighters found the patient unresponsive. After obtaining baseline vitals, they administered one dose of Narcan nasal spray, which is a brand name for naloxone. Within minutes, Wofford said, the ambulance arrived and the EMTs helped the patient into the ambulance where her symptoms abated. “In about three minutes after they had administered the Narcan, she was becoming more responsive and they got a reversal,” Wofford said. Wofford said the Narcan nasal spray for helping save this patient and describes the medication as being “a big help” to area first responders as they deal with the growing crisis of opioid overdose deaths. The Narcan nasal spray used in the June rescue was supplied to the Vinita Fire Department during a naloxone training hosted by in part by Cherokee Nation Behavioral Health Prevention Programs earlier this year. On Feb. 27, 100 representatives from Craig County area law enforcement agencies, fire departments and emergency medical services, as well as school administrators, teachers and coaches received naloxone training and were given free naloxone kits to use in emergency overdose situations. The training and naloxone kits were supplied by Behavioral Health, which received a $1 million grant from the Substance Abuse and Mental Health Services Administration as part of the First Responder Comprehensive Addiction and Recovery Act. “The first part of the grant is to get all ‘traditional’ first responders — police, fire departments, EMS — trained and supplied throughout the 14 counties of Cherokee Nation,” Sam Bradshaw, Behavioral Health Prevention Programs manager, said. “Once we’ve done that, then we’ll come back around and offer the training and naloxone kits to ‘nontraditional’ first responders — doctor’s offices, nurses and other people in the community.” Due to grant requirements, first responders can only receive the naloxone kits from CN if they undergo training. To date, naloxone trainings have been held in 12 CN counties and will soon be presented in the last two. Bradshaw said he hopes to be able to offer the ‘nontraditional’ first responder training toward the end of the year. Anyone interested in attending a naloxone training and obtaining kits should call 918-276-2192. “We will resupply naloxone kits that have been used,” Bradshaw said. “To get the replacement kits, first responders must fill out a form, which allows us to collect the data we need for the grant. They can fill out the form they were given with the naloxone kits or contact Grand Nation, which has the forms and will help them get the form filled out correctly so we can get more kits to the first responders who need them.” Naloxone kits that aren’t used may also need to be resupplied, Bradshaw said. “This is a four-year grant and, hopefully, not all of the kits will be needed,” said Bradshaw. “But even those who don’t ever use it, need to be aware that these kits will expire. So we’ll resupply if they’ve expired.” While the naloxone training focuses on dealing with the consequences of opioid addiction, Behavioral Health Prevention Programs is also working to reduce prescription drug-related harm and increase awareness of the opioid epidemic. To learn more, visit the ThinkSMART Oklahoma Facebook page or <a href="http://www.ThinkSMARTok.org" target="_blank">www.ThinkSMARTok.org</a>.