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25 NARF Legal Rev. 1 (2000)

handle is hein.journals/narf25 and id is 1 raw text is: 








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al cvI cW


ALASKA TRIBES SUE FOR EQUAL STATE LAW

                 ENFORCEMENT SERVICES


  The Native American Rights Fund, on behalf of
ten Native villages and seven Native individuals,
filed a civil lawsuit on October 25, 1999, in the
Superior Court for the State of Alaska, seeking
declaratory and injunctive relief against the State
of Alaska for failure to provide minimally ade-
quate police protection to off-road Native villages
and for discriminating against them in the provi-
sion of State law enforcement services.

  In Alaska v. Native Village of Venetie, the State
argued that Native Villages were not Indian
country and therefore lacked taxing authority
to raise revenue for tribal governmental ser-
vices, like police protection. The State claimed
that tribal taxing authority was not necessary
because the State was providing all essential
governmental    services.
The indisputable facts in       Alaska Tribes
this new case demonstrate       State Law En
the falsity of the State's      Services .......
extravagant misrepresen-
tations in the Venetie case.    CASE UPDAT]
Nonetheless, based in part      Judge Orders
on these misrepresenta-         Indian Trust I
tions, Alaska succeeded in
convincing   the  United        Congress Pas,
States Supreme Court in         Indian Water
1998   to  deny   Native
Villages' the critical means    Court Rules i]
of providing local police       Court Jurisdi
protection through tribal
jurisdiction. Now the time      New Board M
has come for Alaska to pay      NARF Profile
the price for its dubious
Venetie victory. And that       NARF Resour
price will not be cheap.        Publications.
When decision time comes


in this new case, it will be the price of providing
equal law enforcement services, in every respect,
to 165 Alaska Native Villages, whose Native resi-
dents the State has treated like second-class cit-
izens for over 40 years.

  The complaint alleges that the actions of the
State in unlawfully prohibiting Native villages
from keeping the peace in their traditional ways,
which rendered them defenseless to lawbreakers,
while failing to provide them even minimally-ade-
quate police protection under the State law
enforcement system, violated the Villages' rights
to Due Process of law and basic law enforcement
protection  guaranteed  by  the  Fourteenth
Amendment to the United States Constitution


   and Article I of

Sue For Equal
forcement
..................... page  I
ES
Court Oversight of
Fund ............ page 7

ses Historical
Rights ........ page 8

n Favor of Tribal
ction ............ page 9

embers ...... page 10

.................. page  11

ces and
................... page  12


VOLUME 25, NO. 1


the Alaska Constitution. The
   complaint also alleges that
   the State's discriminatory
   treatment of Native villages
   in the provision of police
   protection is based on race
   and therefore violates the
   Villages' rights to Equal
   Protection of the law under
   the Fourteenth Amendment
   to   the   United   States
   Constitution and Article I of
   the Alaska Constitution.

     The complaint also alleges
   that the State's use of State
   and federal funds and ser-
   vices in State law enforce-
   ment programs which dis-
   criminate against Alaska
   Natives in the provision of
   police protection violates


   WINTER/SPRING 2000


Digitized from Best Copy Available

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