South Dakota Oglala Sioux tribe's beer lawsuit fails

[jugglingeggs]

A federal judge has dismissed a case by an American Indian tribe that blamed beer sellers and makers for chronic alcoholism on their reservation.

Judge John Gerrard said there was "little question" that sales in a bordering Nebraska town had contributed significantly to the problem.

But he said federal courts did not have the jurisdiction to hold

Comments

[ecrivais]

It's really sad but I honestly don't know how much of a case they have. I don't think courts can necessarily regulate a store from selling too much beer, but I also don't know much about native american law. Is there a clause that is meant to protect native tribes from outside forces?

Alcoholism is scary and I know I have to constantly keep myself in check to make sure I don't become an alcoholic, especially once I learned that it runs in my family.

[jugglingeggs]

It's really sad but I honestly don't know how much of a case they have.

These were my thoughts too. Part of the reason I posted this on _p was to know if anyone here would have a counter-argument for the ruling, but for the most part everyone also thinks there is little the judge could have done. :/ It's just sad.

[ultraelectric]

This is really an unfortunate story. I personally don't see anything that the law could do. Maybe this story will gain national news and bring the issue of alcoholism and poverty in the Native American community into the light.

Personal Story (TW: Alcoholism/Death). My mom's one cousin (step-cousin to be exact) was Native American, but unlike his siblings he actually looked Native American (unlike his siblings who were fair skinned), and my mom said that plagued him throughout life. He died several years ago, he was drunk and decided to pull out one of his teeth. :/ He was an alcoholic and needed a kidney transplant.

So I truly hope this story gets national attention and doesn't stay in the borders of my home state.

[halfshellvenus]

Well... the cynic in me says that there's an irony here, in that so many tribes are building wealth on the backs of gambling addicts. This is kind of a parallel situation.

I can see why the judge thought there was no legal standing to restrict the free-enterprise of the stores and distributors. What those stores are doing is incredibly immoral (and hostile), but can restricting it be legally justified? I don't think so.

Now, the power of well-organized boycotts, though... should this become national, I think the larger public could possibly coerce these stores and distributors to behave themselves. I sure hope so.

[teacoat]

Well... the cynic in me says that there's an irony here, in that so many tribes are building wealth on the backs of gambling addicts. This is kind of a parallel situation.

Not so much. (Also, most American Indian tribes are independent of each other, don't paint them all with the same brush.)

[halfshellvenus]

Well, not wealthy exactly (though it benefits the larger tribe, and they could use it). But it is money via gambling, which creates larger social ills.

There are always people willing to exploit others' weaknesses for money. I sometimes feel as if the entire state of Nevada is operating on that principle.

The situation cited here is just unfortunate all around. People have the right to destroy themselves, and all we can do is either encourage them not to or put a few more hurdles in their way. Should the stores refuse to sell to tribe members (or thornier, those who "appear" to be tribe members), they'll be sued.

The most helpful thing I think they could do (and probably won't, without coercion) is to shut down the store that's right next to the reservation, and at the other locations simply limit the amount of alcohol any one person can buy at one time.

[tabaqui]

It's depressing and horrifying and ugly but, sadly, i think the judge is right.

[dback612]

Even banning alcohol on the reservation wouldn't stop this rampant alcoholism. We have a group of Native American transients who are here all the time and always drunk...the degrees of intoxication are different, but alcohol is always involved.