Banishment - legal?

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Keith

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If the mods feel this is off topic, well then close it... But I feel this is an interesting twist on self defense in small rural communities.

It's a long story, so I only pasted in the a short piece. The entire article (and photos) can be seen here: http://www.adn.com/front/story/4325477p-4335352c.html



Trouble in Perryville
Village banished their problem resident, but state officials say they had no right


By SHEILA TOOMEY
Anchorage Daily News

(Published: November 2, 2003)
PERRYVILLE -- A tiny Alutiiq village, 218 bumpy air miles from the nearest trooper, has grown weary of a local troublemaker with a history of drunken violence and banished him.

The Native Village of Perryville, a community of 110 people on the Pacific edge of the Alaska Peninsula, bought John Tague a one-way ticket to Anchorage and told him not to come back.

In itself, this isn't so unusual. "Blue-ticketing" undesirables out of town is an old Alaska tradition, not much used in urban centers these days but still practiced in smaller rural communities. A lawyer based in Dillingham counts about eight in that area in recent years.

The banishment of John Tague is noteworthy because the Perryville tribal council, which runs the village, persuaded a state court judge to issue an order backing up its action. The village doesn't have any police officers and worried that the Alaska State Troopers would not enforce a tribal court order.

When Tague showed up uninvited in January, the council produced the tribal order and the state judge's order and asked a trooper to make Tague get back on the plane. In the end, Tague left the village voluntarily, but reports were filed and questions asked.

Perhaps if this had all happened under the Knowles administration, which was widely seen as sympathetic to tribal governments, state officials might have let it slide, especially since Tague didn't register any formal objections. But the Murkowski administration, which says it is rethinking the whole system of law enforcement in rural Alaska, attacked the banishment as an illegal action and chastised Superior Court Judge Peter Michalski for issuing a permanent injunction against Tague returning to Perryville.

In court briefs, assistant attorney general Dean Guaneli called Michalski's action illegal and insisted he rescind it. Guaneli said in a letter to the judge that troopers will be instructed to disobey the existing injunction and any other the judge issues in the case.

Anchorage attorney Sam Fortier, who represents Perryville, said the dispute will almost certainly end up in the Alaska Supreme Court.

People who have grappled for years with the problem of violence in Alaska's small rural communities are outraged. As they see it, the state long ago abandoned Alaska's smaller villages by refusing to provide effective law enforcement. Now that an increasing number of those villages are tackling problems on their own, the state is reaching out to cripple them, they say, to strip their tribal councils of the few tools they have, including the expulsion of a repeat offender.

"This is, in our minds, a matter of life and death," said Donna Goldsmith, an attorney for the Alaska Inter-Tribal Council, which has joined the court case on the side of Perryville. "This community has no other option. ... The offender needs to be removed from the community for the community's safety. ... The goal should be how to work together, not how to silence the tribe."
 
Seems to me that banishment would just be a restraining order keeping someone away from an entire town instead of a single address.

I can't see why it wouldn't be legal (but I'm not a lawyer ... nor do I play one on TV)
 
This is actually an old story in Alaska.

"Blue Tickets" were once standard all over the state - you simply shipped your problems to Anchorage with a one-way air ticket. Some years ago an Anchorage court fought the practice and won. Or, at least they won where communities like my own (Kodiak) were concerned.

The practice continues in communities where native courts hold sway since the elders don't think the state has jurisdiction. In their minds they are simply banishing a tribal member in the fashion practiced for thousands of years. In the old days, a banished man died in the wilderness without community support. Today he goes to Anchorage - almost as bad...

I'm somewhat sympathetic here. They have no law enforcement in place, and they are cut off for weeks at a time in bad weather.

Keith
 
The Tache Yokut tribe in Lemoore, CA does basically the same thing. They get rid of problem children by evicting them from tribal housing and telling all the other members of the tribe they will be evicted if they take in any of the evictees. The evictee gets tired of living in dumpsters and moves into town where he or she and family goes on welfare as homeless persons.

Pilgrim
 
Sure! Why not?

There exists in the US a developing class of welfare recipients whereby a host state will simply pay a welfare recipient to move and set up residency in another state.

Seems to me banishment particularly in the wilds of Alaska is no different than vigilantism. Vigilantism is not a bad thing. Human nature creates it when duly constituted authority can not or will not enforce law.

BTW. I always thought banishment would be a really effective way of dealing with out of control kids in public schools. Won't work because government schools make the assumption everyone has a RIGHT to an education.
 
Well, keep in mind that somebody else now has to deal with the problem - namely, the residents of Anchorage!

I suppose if the Blue Tickets are ruled illegal, troublemakers will just end up dead.

Keith
 
Keith, you're right; the problem is just shunted off to Anchorage. Unlike many of the bush villages though, Anchorage has a police force, a court system and a jail.

OTOH, local troublemakers occasionally turn up missing in many of the towns and villages around Alasks. I remember one particularly nasty individual who 'left' Valdez late one night when a couple of long-line weights turned up missing. He didn't even take time to pack his bags either.
 
The Greeks practiced it (ostracize). Can't do it here in the US otherwise we'd be busy banishing our criminals to your communities and vice-versa. Now, if we had a penal colony, say Anartica, that would do just nicely.
 
The navy had an enormous base out on Adak Island, 1500 miles out in the Aleutians. When they shut the base down a few years ago, they turned the infrastructure over to the state of Alaska. In turn, Alaska tried to interest the feds in using it as a prison. but they weren't interested. You could fit every lifer in the US out there and not worry about escape.

Adak is now a white elephant. Native groups are trying to turn it into a fishing port, but I suspect its all doomed to failure. A shame! I've been out there many times and it's a beautiful facility with enormous docks and warehouses, an air strip and its own caribou herd. And it also has large suburban type tract homes, gyms, swimming pools, etc, for anyone living out there.

Keith
 
Several decades ago, I had cousins that owned a hotel in the Winterhaven, Fl., area. They mentioned to me that the local Chamber of Commerce used to quietly take up a collection and put hobos, vagrants, tramps and bums (the non-PC terms for most "homeless") on busses headed north with one-way tickets. New York, Detroit, and Chicago were preferred destinations.

Instructions on how to apply for welfare once they got there were provided.
 
the "greyhound banishment method" is rumored to be practiced by overburdened social welfare department employees.

Isn't "project exile" a kind of banishment to federal jail out of state and away from the home support network?
 
Alaska tried to interest the feds in using it as a prison. but they weren't interested. You could fit every lifer in the US out there and not worry about escape.

The idea of Devil's Island North sounds good to me.
 
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