By Mary Garrigan
Duane Martin Sr. of the Strong Heart Civil Rights Movement and the Black Hills Sioux Treaty Council say they will file a complaint in U.S. District Court in Lincoln, Neb., next week naming four Whiteclay beer sellers: Mike's Pioneer Liquor, State Line Inn, Arrow Head Inn and Jumping Eagle Inn, and the Christian nonprofit 555 Whiteclay, which operates a soup kitchen and other ministries in Whiteclay.
The "bad man" legal argument was successfully used by Lavetta Elk, another Oglala Sioux, in a lawsuit alleging that a U.S. Army recruiter had violated the "bad man" clause when he sexually molested her while transporting her to a military recruiting appointment. Elk recently won a $650,000 settlement that left intact a federal judge's ruling that said the treaty language requires the government to reimburse Sioux tribe members who are injured by "any wrong" done by "bad men among the whites, or among other people subject to the authority of the United States."
This reminds me of a line from Archie's Grand Opening--All in the Family's seventh episode of its eighth season (airdate: 10/30/77). Archie Bunker has just reopened Kelcy's Bar as Archie's Place and was serving his first customers. Michael says they should cut off one bar patron who is already drunk. Archie asks if the man is driving home and if he's an Indian. The answers are no, so Archie says to serve him.
For more on Whiteclay, see Whiteclay Needs Creative Thinking and Whiteclay = Genocide?